(영문) 의정부지방법원 2016.09.23 2016노2127

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Reasons

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크기(pt)

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자간(%)

(영문) 의정부지방법원 2016.09.23 2016노2127

도로교통법위반(음주운전)등

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. We examine the reasoning of appeal. Each of the crimes of this case committed by the Defendant is deemed to be disadvantageous to the Defendant, in light of the content and method of the crime. The crime of this case is deemed not to be light of the nature of the crime in light of the content and method of the crime, the alcohol concentration level is relatively high 0.136%, the risk of driving under drinking is realized due to traffic accidents, and there was a history of having been punished several times due to the same crime, and the fact that each of the crimes of this case was committed again during the suspended execution period due to the same kind of crime

On the other hand, however, the defendant recognized all the criminal facts of this case and reflects his mistake in depth, and was detained for about three months in this case, it seems that the seriousness of punishment due to repeating the crime of drinking driving, etc. is sufficiently impaired, and again, it is not likely that he would not repeat the same kind of crime.

In full view of the following circumstances: (a) the defendant has a dependent on the defendant; (b) the long-term detention of the defendant can involve excessive difficulty to his/her family members; (c) the family members want to take the defendant’s wife; (d) the balance of the general amounts of punishment in the same and similar cases; and (e) the defendant’s age, sexual conduct, intelligence and environment; and (e) the motive, background, means and consequence of the crime of this case; and (e) the circumstances after the crime of this case, criminal records, family relations, economic circumstances, etc., it is unreasonable to maintain the sentence imposed on the defendant as it is, and thus, the defendant’s assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and it is again decided as follows.

Criminal facts

The summary of the evidence and the summary of the evidence.

유사 판례

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